California 2011-2012 Regular Session Status: To Executive

AB 101 — Child care: family child care providers: bargaining representative.

Last action — Vetoed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law authorizes employees of public schools to form, join, and participate in the activities of an employee organization for the purpose of representation on matters of employer-employee relations, including terms and conditions of employment. The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age. This bill would authorize family child care providers, as defined, to choose whether to be represented by a single provider organization, as defined, that would be designated pursuant to a specified petition and election process overseen by the Public Employment Relations Board or a neutral 3rd party designated by the board. The bill would require the State Department of Social Services and the State Department of Education, with the assistance of specified state departments and agencies, and their contractors and subcontractors, to make specified information regarding individual family child care providers available to provider organizations and would require the provider organization requesting the information to bear the costs of collecting the information. The bill would authorize a certified provider organization to perform various functions, including meeting with state regulatory agencies and engaging in various types of negotiation on matters within a specified scope of representation with the Department of Personnel Administration, in consultation with the Superintendent and other state agencies that administer programs of publicly funded child care. The bill would prohibit provider organizations from calling strikes and from interfering with, intimidating, restraining, coercing, or discriminating against a family child care provider because the family child care provider joins or refuses to join a provider organization. The state, as defined, also would be subject to the latter prohibition. (2) Existing law, the Budget Act of 2011, identifies AB 101 as a bill providing for appropriations related to the Budget Bill, to take effect immediately. This bill would provide that, notwithstanding the Budget Act of 2011, this act is not a bill providing for appropriations related to the Budget Bill, thereby declaring that this act not take effect immediately.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 3:45 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 27. Page 3176.).

  4. From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 2.) (September 8).

  5. Joint Rule 62(a), file notice suspended. (Page 3106.)

  6. Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.

  7. In Assembly. Concurrence in Senate amendments pending.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 15. Page 2402.).

  9. Ordered to third reading.

  10. From committee: Return to Senate floor for consideration. (Ayes 5. Noes 1.) (September 7).

  11. From committee: Be re-referred to Com. on L. & I.R. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0.) Re-referred to Com. on L. & I.R.

  12. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  13. Read second time. Ordered to third reading.

  14. Read second time and amended. Ordered to second reading.

  15. Ordered to second reading.

  16. From inactive file.

  17. Ordered to inactive file at the request of Senator Leno.

  18. Read second time. Ordered to third reading.

  19. Ordered to third reading.

  20. Senate Rule 29.3 suspended. (Ayes 21. Noes 14. Page 1613.)

  21. Pursuant to Joint Rule 33.1, Joint Rule 10.5 suspended. (Page 1613.)

  22. Read third time and amended.

  23. Ordered to third reading.

  24. From committee: Do pass. (Ayes 9. Noes 7.) (March 16).

  25. Re-referred to Com. on B. & F.R. pursuant to Joint Rule 10.5.

  26. Read second time. Ordered to third reading.

  27. Read third time and amended. Ordered to second reading.

  28. Read second time. Ordered to third reading.

  29. Ordered to second reading.

  30. In Senate. Read first time. To Com. on RLS. for assignment.

  31. Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 0. Page 417.)

  32. Read second time. Ordered to third reading.

  33. Without reference to committee.

  34. From printer. May be heard in committee February 10.

  35. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (1)

  • Steinberg

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB101 John A. Pérez By Lieu

Passed 23 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 211402
Democratic 2000
Republican 0100
Total 231502
% of votes cast 58%38%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Cannella — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Corbett — Yea
Evans — Yea
Dutton — Nay
Runner — Nay
Harman — Nay
Anderson — Nay
Hernandez — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Nay
Huff — Nay
Kehoe — Yea
Pavley — Yea
Simitian — Yea
Walters — Nay
Wolk — Not Voting
Emmerson — Nay
Correa — Not Voting
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 101 PÉREZ, J. Concurrence in Senate Amendments

Passed 51 Yea · 27 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 502502
Republican 0200
Democratic 1000
Total 512702
% of votes cast 64%34%0%3%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Eng — Yea
Feuer — Yea
Huber — Yea
Butler — Yea
Carter — Yea
Fong — Yea
Allen — Yea
Cedillo — Yea
Swanson — Yea
Yamada — Yea
Fuentes — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gatto — Yea
Gorell — Not Voting
Chesbro — Yea
Atkins — Yea
Halderman — Nay
Hall — Yea
Conway — Nay
Hayashi — Yea
Fletcher — Nay
Hueso — Yea
Bonilla — Not Voting
Cook — Nay
Huffman — Yea
Ammiano — Yea
Beall — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Nay
Torres — Yea
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hill — Yea
Jeffries — Nay
Lara — Yea
Ma — Yea
Mansoor — Nay
Morrell — Nay
Norby — Nay
Silva — Nay
Solorio — Yea
Valadao — Nay
Wieckowski — Yea
Williams — Yea
Furutani — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 9 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9700
Total 9700
% of votes cast 56%44%0%0%
How each member voted (16)
Member Party Vote
Hancock — Yea
Evans — Yea
Fuller — Nay
Lowenthal — Yea
Rubio — Nay
Leno — Yea
Liu — Yea
Wolk — Yea
Alquist — Yea
Anderson — Nay
Huff — Nay
Simitian — Yea
Wright — Nay
Emmerson — Nay
DeSaulnier — Yea
La Malfa — Nay

Official roll call →

AB 101 BUDGET Assembly Third Reading By BLUMENFIELD

Passed 49 Yea · 0 Nay · 30 Other
Party YeaNayPresentNot Voting
Republican 0002
Unaffiliated 460028
Democratic 3000
Total 490030
% of votes cast 62%0%0%38%
How each member voted (79)
Member Party Vote
Hall — Yea
Feuer — Yea
Carter — Yea
Furutani — Yea
Cedillo — Yea
Hill — Yea
Hueso — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Ammiano — Yea
Perea — Yea
Skinner — Yea
Williams — Yea
Yamada — Yea
Galgiani — Yea
Bonilla — Yea
Atkins — Yea
Garrick — Not Voting
Gordon — Yea
Gorell — Not Voting
Butler — Not Voting
Hagman — Not Voting
Fletcher — Not Voting
Halderman — Not Voting
Campos — Yea
Harkey — Not Voting
Hayashi — Yea
Jeffries — Not Voting
Lara — Yea
Beall — Yea
Chesbro — Yea
Conway — Not Voting
Cook — Not Voting
Dickinson — Yea
Mendoza — Yea
Miller — Not Voting
Monning — Yea
Morrell — Not Voting
Nielsen — Not Voting
Norby — Not Voting
Pan — Yea
Silva — Not Voting
Smyth — Not Voting
Solorio — Yea
Torres — Yea
Valadao — Not Voting
Wieckowski — Yea
Achadjian — Not Voting
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Huffman — Yea
Knight — Not Voting
Logue — Not Voting
Ma — Yea
Mansoor — Not Voting
Nestande — Not Voting
Olsen — Not Voting
Swanson — Not Voting
Wagner — Not Voting
Eng — Yea
Davis — Yea
Donnelly — Not Voting
Fuentes — Yea
Gatto — Yea
Bill Berryhill — Not Voting
Bonnie Lowenthal — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

labor education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 101 do?
(1) Existing law authorizes employees of public schools to form, join, and participate in the activities of an employee organization for the purpose of representation on matters of employer-employee relations, including terms and conditions of employment. The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age. This bill would authorize family child care providers, as defined, to choose whether to be represented by a single provider organization, as defined, that would be designated pursuant to a specified petition and election process overseen by the Public Employment Relations Board or a neutral 3rd party designated by the board. The bill would require the State Department of Social Services and the State Department of Education, with the assistance of specified state departments and agencies, and their contractors and subcontractors, to make specified information regarding individual family child care providers available to provider organizations and would require the provider organization requesting the information to bear the costs of collecting the information. The bill would authorize a certified provider organization to perform various functions, including meeting with state regulatory agencies and engaging in various types of negotiation on matters within a specified scope of representation with the Department of Personnel Administration, in consultation with the Superintendent and other state agencies that administer programs of publicly funded child care. The bill would prohibit provider organizations from calling strikes and from interfering with, intimidating, restraining, coercing, or discriminating against a family child care provider because the family child care provider joins or refuses to join a provider organization. The state, as defined, also would be subject to the latter prohibition. (2) Existing law, the Budget Act of 2011, identifies AB 101 as a bill providing for appropriations related to the Budget Bill, to take effect immediately. This bill would provide that, notwithstanding the Budget Act of 2011, this act is not a bill providing for appropriations related to the Budget Bill, thereby declaring that this act not take effect immediately.
Who sponsors AB 101?
AB 101 is sponsored by Steinberg and V. Manuel Pérez.
What is the current status of AB 101?
This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 101?
Track AB 101 free on One Click Politics — get push/email alerts when it moves.

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